Vegas Litigator

So, no more celebrating the last victory – it’s on to the next Trial. I have another Short Trial on December first. This case involves two accidents about three months apart.

The first accident happened in June a free years ago. My client was hit as he was walking across the street. The driver of the car that hit him is contesting liability. Both he and my client claim to have had the green light at the time of the accident.

A few months later, my client was driving his truck down the road when another truck tried to jam his way around my client causing the accident. Liability is not contested in that accident.

Both Defendants are contesting the damages and injuries my client claims to have suffered. 

Time to get ready for another Trial. Study the records and get my outline done. Plenty of time to get ready before and after Turkey Day.

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The Short Trial I have been preparing for went forward today and the Jury found in our favor and awarded my client $12,136.50.  In addition to this, my client is entitled to: Attorneys Fees (up to $3,000.00) as a result of the Defendant’s rejecting a prior Arbitration Award; Costs of Litigation in the area of $1,500.00; and prejudgment interest  in excess of $700.00. Now…this may seem like a small victory, but it’s as important as any other.

In this case, my client was driving down the road when the other driver came out of a parking lot making a left turn into my client’s lane.  My client felt an impact between his car and the guy who pulled out of the lot then, between that impact and my client’s reaction to the car coming into his lane, he hit a full sized pickup truck to his right.  The Defense admitted liability for the Trial (as if there was any question) but challenged the Damages caused by the accident.  Basically, the Defense argued that it was a minor impact that could not have caused my client much, if any injury and that either he was faking or that the injuries were pre-existing.  For those in the know…the same ole same ole.

My client would probably have accepted the Arbitrator’s $8,373.50 award and would certainly have done so if it was increased by attorneys fees, costs and interest.  Not too long ago, we offered to settle the case for $10,000.00.  The Defendant (or should I say his insurer) would not pay that nor would they pay the $8,373.50 plus costs of about $1,000.00.  Now, they have to pay in the ball park of $17,000.00.

Why is this important? First, because it’s a fair outcome for my client.  He was injured at no fault of his own.  He has had to wait three years for justice to be served. He was called a faker and a cheat and his credibility was challenged at the Arbitration and Trial.  Second, cases that go to Trial (even small ones) successfully show the adjusters that not everything goes their way and they have to consider this when trying to pay as little as possible on claims.  In this case, doing so would have saved their company at least $8,000.00 – not a big number in the big picture, but it demonstrates the possibilities and tendencies of Juries to award money to compensate Plaintiff’s for their injuries. The Adjuster on the case sat through the trial and saw the outcome.  I wonder if he was shocked.

Oh…the Trial took a bit more than 3 hours from the time the Jury came in until they went to decide.  They were out making their decision for another 3 hours or so.  I love it when Juries actually take the time to consider cases and render fair verdicts.

Since a lot of my practice is Plaintiff’s personal injury cases, I have to deal with insurance companies and their adjusters on a  regular basis.  Some are pleasant…others are not.  Here’s an example of regarding a case I recently had to file in Clark County District Court.  Here’s what happened. . .

My client was rear ended and there is no question that the other driver was at fault.  My client got treated for her injuries and incurred nearly $6,000.00 in medical bills as a result of the two 5000 pound trucks colliding and  moving my client’s body.  Yes…that’s 5 TONS of weight acting on my client’s 120 pound body.  I make a demand for $20,000.00.  The insurer counter offers $4,500.00.  I tell the adjuster no way the client will accept this (rather insulting) offer.  I talk to client and counter at $18,000.00.  The insurer comes back with….drum roll, please…..$4,750.00 on a Wednesday – another insult and, to be honest not a real increase of any value. I don’t like going back and forth wasting time on these, so-called, negotiations.  Based on history, I knew that the insurer was never going to offer anything reasonable and would probably not even make an offer in the $7,000.00 range.  Based on that and my client’s response, I write to the adjuster telling her that I want the top offer by Friday or I will file suit on the next Monday.  Friday comes and goes with no word.  I file suit on behalf of my client.

On 11/10 the adjuster calls and leaves a message that she want to negotiate.  I return the call and leave a message just to give me (or any member of the staff) the top offer.  She calls back again – does not leave a message with the offer – but asks for me to be told that she “wants to talk about the case.” I tell her I know her reasoning, as I have since the start of negotiations, and just want the top dollar.  I eventually get it……$5,500.00 and a threat that they will do a “statutory offer” and will never offer this amount again once the time to accept has expired.  I tell her that I can accept the offer if she (the adjuster) is willing to sit in a chair in the parking lot and let me hit her with a  car at 5 mph with my 4,400 pound car.  She’s not willing to do so…..and my client was hit by more than twice that amount. The adjuster advises that she will send me a letter confirming our conversation.  That letter comes today and states:

 This letter is regarding claim status. We extended an offer of $4,750.00 for your client’s bodily injury claim.  It appears that you have responded to our offer by filing a lawsuit against our insured.  If you are interested in resolving Ms. XXXX’s claim for a  fair and reasonable amount, without having to incur the unnecessary cost of proceeding with litigation we urge you to contact the undersigned.

I did exactly what I said I would.  I wonder if she actually believes that this letter or her other threats will make my client accept a lousy offer…

Well…what should I do? Ignore the wishes of my client and accept an offer that will get her to break even IF I and the medical providers grant a 30% reduction in bills/fees? Or should I continue to do as I said: sue until the insurer gets reasonable.  Mind you, the bed of my client’s FULL SIZED pickup truck hit the back of the cab and kinked it.  I wonder what will happen with this one? I know one thing: I’m not going to crump and abandon this client.

We’ll have to wait and see what happens with this.

It’s now a week before Trial. I’ve adjusted the Jury Instructions to reflect the Defendant’s new position that they will not be contesting liability.

The Defendant’s attorney is working on the Evidence Notebooks and should have it here to my office tomorrow. I suppose it could still settle, but you can’t prepare that way. I’ll meet with the client next week and get my Trial outline completed. I’ll be ready for Trial come Thursday if we’re not settled.

On another case, we’re on a 5 week stack starting in early January for a two to three day bench Trial. I’m getting ready for that one as well. Unfortunately, we’re WAY form on the stack and probably won’t be going. Especially since one of the earlier cases on the Calendar is a medical malpractice case and is scheduled for two weeks and at least 15 cases were filed before my client was injured.

We’ll set where that goes as well.

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